Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-06-01

DOtherlng US Tor ROOu "nlle, fahu II
caught any one foOling round my place
that would shoot him and | say 50 still;
have no boots or shoes with 'round-headed
or hob nails in them; got gun from ION
Suter to protect myselfand property; never
had the gun of my place; did not shoot
Jacob Baxter; wheat was burned IN july
got gun after this, about the middle ot
August; was not on BaXter's farm Sunday
or Sunday night.
Cross-examined by Capt. DOvener-Was
arrested for shooting Charley Smith; Char-
ley Smith was shot the latter part Of July;
my fathers gun; had q gun and revol-
yer; | got this gnn because 1t could be
loaded quick; Tom Suter did not tell me
about gun before he brought it from down
the river; never told Tom Suter | wanted
the gun 10 shoot owls with, nor to defend
my person and property; did not borrow
gun tor any particular period; got one
cartridge with gun: sent for some other
cartridges to Wheeling afterwards; have
shot the gun two OF three times around on
place at mark tO see how it would shoot;
two hundred and forty some steps oil
hand; had some cartridges left believe;
sent MIR Jacobs, my attorney, six or eight
OF them; the remainder of them are at
home. The witAeSs was asked why he did
not produce the cartridges and explain
when ne had used them. Objected to by
the defense and ruled out by the court.
Have another gun; smaller bore than
this gun; have owned revolver;
got gun; do not remember who
gave it to me; did not say any
thing to my sister nor did she say anything
to my sister Mrs. Lemons about the Char
ley Smith trouble; | did not say to Aunt
Betty that there would be some more Of
them shot if they did not look out; she
never said 10 me that she hoped they all
would get out of darkness into light To the
best of my recOllectiOn; am familiar with
the lay OF the land between me and BaN-
ter; did not hear the report Of q gun on
Sunday evening; could not say what time
il was when | wound the clock Saturday
evening; thought there was fire when
heard the bell ringing; went to bed before
eight o'clock; got mp because | heard the
dog WIS barking; heard the bell still ring
ing when | got up the first time; heard
about Baxter's death next morning; got up
about Sun-up; Meshak Goho was the first
one who told me about BaNter's death; tii-
teen or twenty steps from the county road
down the lane to the chestnut
field; my brother Berkeley came along
Monday and stopped at my house; said he
had heard that Jacob Baxter was killed
and was on his way over We walked out
the road q little piece; were in sight of
grave yard; did not have shoes on when
arrested; no one WAS working at my fathers
or on my own place Monday after Baxter
was killed. Capt. DOvener cross exam
ined the defendant for about three hours.
Mrs. SOfrOna Newman, the mother OF
John Newman, WAS next called, and testl-
lied rs follows: remember when Jacob
Baxter was killed; John, my son, was at
home the night Baxter was killed; Johns
wife was over at Parsons the Sunday
night Baxter was killed; cane home that
evening; John Newman was at our house
the most of the day; John and his wife
came up to our house about seven O'Clock
in the evening; they went back home
about eight o'clock; heard bell ringing
that was in room Mt the time; all
of us WAS in house; James, my
husband, heard the bell first,
said it was over ut Baxter's; they thought
was fire ut first; could not hear bell when
door is closed.
CrOSs-examined-Wit said that her
husband happened to 20 out and heard the
bell; John was not laying down on
floor but sitting up; went to bed about
eight o'clock; got up out of he'd and heard
the hall rin"ing apain; BaXters and us
were not on good terms; they were mad at
us, something about the Charley Smith
matter; got up next morning ut usual
hour; did not know what the bell was
ringing for until the next morning be
tween eight and nine o'clock, when
Meshak YOhO told Johns wife; had no
light in our house Sunday night except in
fireplace; was not gone more than two
minutes when he went TO feed hogs.